BEVERLY v. ACME SCAFFOLD CO.


7 Misc.2d 270 (1957)

Frank J. Beverly, Plaintiff, v. Acme Scaffold Co., Inc., Defendant and Third-Party Plaintiff. Alvey Conveyor Manufacturing Co., Inc., Third-Party Defendant.

Supreme Court, Special Term, Kings County.

February 5, 1957.


Attorney(s) appearing for the Case

Barry, Treanor, Shandell & Brophy for third-party defendant.

Robinson & Gales for defendant and third-party plaintiff.

Melvin Sacks for plaintiff.


WALTER R. HART, J.

Motion to dismiss a third-party complaint for legal insufficiency. The complaint alleges, in substance, that plaintiff, who was employed by Alvey Conveyor Manufacturing Co., Inc. (third-party defendant), on an alteration and construction job, was injured as the result of a fall from a scaffold which had been rented by Acme to plaintiff's employer; that defendant Acme was negligent in renting...

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